No Rest for the Weary...

Reports predict that Judge Sotomayor will wrap up her testimony sometime this morning or early afternoon.

Although there is a lot of analysis out there right now on what has been said during her confirmation hearings, one Slate article talks about what hasn't been said, discussing the wasted opportunities by both parties thus far. Including a kudos to Franken's questioning, the article points out that both parties had nothing to lose, but played it like they had everything to lose.

Sotomayor: Senator's Statements

The first day of the hearings has been given over largely to senator's statements. They are available here -- click on the senator's name at the right.

The SCOTUS blog had a nice commentary today. It's pretty funny. There have been one million references to balls and strikes, and Sen. Franken is wearing a flashy tie. "Junior senators, making fashion statements." Tom Goldstein, SCOTUS blogger, is a terrific speaker and will be on NPR at 7 (Eastern? Central? probably Eastern) tonight.

Franken chooses comments on Sotomayor carefully

U.S. Senator Al Franken, a member of the Senate Judiciary Committee, met with Judge Sonia Sotomayor on Thursday, July 9.

He released the following statement:

“Choosing a Supreme Court Justice is one of the most important decisions a United States Senator will make and I’m thrilled to be a member of the Senate in time to participate in the confirmation process. Judge Sotomayor will be the most experienced appointee in 75 years, and has a great life story. I’m glad to have had the chance to meet with her this afternoon, and I look forward to carefully considering her next week during the hearing.

“The current Supreme Court has been sliding back on the rights of Americans as employees, as parents, as consumers, and as investors, and it is critical that the next appointee understand the importance of these protections.”

The Supreme Court and Sotomayor Roundup

The U.S. Supreme Court released it's decision today in Ricci v. DeStefano, the case brought by white firefighters in New Haven who claimed they were wrongfully denied promotions after a promotion examination found no firefighters of color were eligible for advancement. Although controversial in its own right, the case is also garnering a lot of media attention because the Court ruled in favor of the firefighters--overturning an unpublished decision by a 2nd circuit panel that included Sotomayor.

We may have to wait for a few days for a truly indepth, comprehensive look as what this means in terms of how this will impact Sotomayor's confirmation hearings. Right now, the "talking heads" seem to be doing most of the talking.

The Atlantic: Examples of Sotomayor's critics seizing the day

New York Times: Not unexpectedly, Senatorial reaction to the decision is divided by party line

Slate has an interesting article, however, that shines a little perspective, and mystery, on the situation. The article doesn't dwell on the decision that was made, but how the 2nd circuit sort of "punted" the issue, which is part of the reason the issue was taken up before the Supreme Court. We'll see if the 2nd Circuit's decision has a resounding effect on more than just the employment laws of the country.

Infinity Project and MWL statement on Sotomayor

The Infinity Project and Minnesota Women Lawyers have released a joint statement on the confirmation process of Judge Sotomayor for the U.S. Supreme Court:

Minnesota Women Lawyers and The Infinity Project commend President Barack Obama for the nomination of a woman, Judge Sonia Sotomayor, to the U.S. Supreme Court.

The decision whether Judge Sotomayor should be confirmed should be based on a measured and civil confirmation process that fosters a thoughtful debate about Judge Sotomayor's credentials, not her gender or national origin. We believe the depth and quality of any nominee's legal experience is the proper subject of evaluation. In state elections, MWL asks voters to consider such qualities as legal education, experience, reputation for excellence and fairness and temperament. We urge the United States Senate to consider the same relevant factors in the conduct of Judge Sotomayor’s confirmation process.

It is also our hope and expectation that President Obama will continue to appoint women to the United States District Courts and Courts of Appeals, where women are currently underrepresented. While women make up 48 percent of law school graduates and over 30 percent of the legal profession overall, they are only 24 percent of federal district court judges, 25 percent of circuit court judges, and 11 percent of justices on the U.S. Supreme Court. Not only do we believe that the judiciary should more fairly reflect the composition of the profession, but we strive for a fair reflection of the public that our judiciary serves.

Contact Woman, Esq. at womanesq@gmail.com for further contact and reference information.

David Brooks on Sotomayor

David Brooks, Op-Ed columnist for the New York Times (generally a more conservative thinker), gives some of articulate thoughts on Sotomayor, and the U.S. Supreme Court in general in his piece titled "The Empathy Issue."

The crucial question in evaluating a potential Supreme Court justice, therefore, is not whether she relies on empathy or emotion, but how she does so. First, can she process multiple streams of emotion? Reason is weak and emotions are strong, but emotions can be balanced off each other. Sonia Sotomayor will be a good justice if she can empathize with the many types of people and actions involved in a case, but a bad justice if she can only empathize with one type, one ethnic group or one social class.

And a little more food for thought: Another piece of early speculation has focused on how often Sotomayor has been reversed by the Supreme Court. Several news organizations have noted that her reversal record is no worse than the justice she is set to replace, or other justices currently on the court.